Child Support Attorney in Orlando

For over 20 years, Benjamin Law has served individuals and families across Orlando and throughout Florida, providing highly compassionate representation in matters involving child support and other family law issues. If you are looking for a child support attorney in Orlando to help secure the financial stability your children need to thrive, turn to our firm. No matter the situation, our team works tirelessly to resolve concerns in ways that protect the well-being and futures of clients' and their children. 

Request a free consultation to learn more about how our Orlando child support lawyer can assist you. We can conduct these in person or virtually for your convenience. Call (321) 473-6679 or connect with Benjamin Law online.

How Does Child Support Work in Florida?

Child support exists to make sure children have the financial resources they need, even when their parents live separately. It can be used to pay for all kinds of things, from housing, food, and clothing to healthcare, education, and other essentials.

Furthermore, child support is not determined by a casual estimation; instead, it is based on detailed legal guidelines that ensure fairness and consistency across different cases. The State of Florida utilizes a comprehensive approach, considering factors such as the income levels of both parents, their ability to provide, and the needs of the child, thus ensuring a balanced decision is reached regarding the child's best interests.

Florida law maintains that both parents are legally responsible for supporting their children until they turn 18 or graduate from high school (if they turn 18 before graduating). However, some exceptions exist. For example, if a child has a disability, parents could be obligated to provide support beyond 18.

The state's courts can order one or both parents to pay support to the parent or guardian who has custody of a child

Determining Child Support in Orlando

Florida courts follow specific guidelines when calculating child support. These guidelines account for several factors, including:

  • The Income of Both Parents – The earnings of both parents help determine the support amount.
  • The Number of Children Involved – Additional children may affect the calculation.
  • The Time Each Parent Spends with the Child – Custody arrangements and the parenting plan are considered.
  • Necessary Expenses for the Child – Includes health insurance, daycare, and educational costs.

In addition to these factors, considerations such as extraordinary medical expenses or specific educational needs can influence the support calculations. A deviation from standard guidelines might be necessary if circumstances justify it, ensuring each child's unique needs are acknowledged.

Courts rely on a formula to be as fair as possible when determining the payment amount, but they can adjust the final decision if circumstances justify it. For example, the court may require additional support if a child has unique medical or educational needs. 

Do you have questions about a child support order you have received? Are you navigating divorce and wondering whether you can expect support payments from your ex-spouse? Our Orlando child support attorney is someone you can trust for answers. Contact Benjamin Law to schedule a consultation to get essential information about your situation. 

Can You Modify a Child Support Order in Orlando?

It is possible to modify a child support order. Doing so requires you to petition the court that enacted the initial order. The process may involve providing evidence of a significant change in circumstances, such as an increase or decrease in income for either parent or a substantial change in the child’s needs. 

Modification requests can also arise from changes in the child's living arrangement, such as one parent taking on more custody or the child reaching a significant developmental milestone that alters their needs. Additionally, legal modifications are essential to maintain the order's relevance to current circumstances and to adapt to unforeseen life changes that impact a parent's ability to provide support.

Local Support & Resources in Orlando

Orlando offers a network of resources dedicated to assisting families navigating child support matters. Local government agencies can provide information and assistance in managing and enforcing child support orders. The Department of Revenue in Florida is pivotal in facilitating child support services and offering various tools and support systems tailored to parents' needs.

Local community organizations and legal aid societies may also offer support for those who need guidance or legal representation. Organizations such as the Legal Aid Society of the Orange County Bar Association provide invaluable assistance by offering access to legal resources and services to those who may struggle to afford them otherwise. Engaging with these resources can make a substantial difference in ensuring the necessary support is obtained.

Understanding the Child Support Calculation Formula in Orlando

Understanding the calculation formula for child support in Florida can help parents better navigate their obligations and rights. The formula typically considers a range of factors meant to equitably divide financial responsibilities. This includes both parents' net incomes, subtracting allowable deductions, which can encompass taxes and prior obligations. Understanding the basis of calculations can make expectations more transparent and disputes less frequent.

The formula also addresses the number of overnights each parent spends with the child, highlighting the importance of fair custody arrangements in determining appropriate support amounts. By understanding these nuances, parents can better negotiate and agree on arrangements that reflect their financial realities and foster their children's well-being.

Frequently Asked Questions About Child Support in Orlando

How Long Does It Take to Establish Child Support?

The timeframe for establishing child support in Florida varies based on several factors, including the complexity of individual claims and the responsiveness of the involved parties. On average, it may take a few months from the initial filing to reach a resolution. However, if disputes require court intervention for resolution, the process could extend significantly longer. Engaging with a knowledgeable lawyer can expedite understanding the process and necessary documentation, potentially reducing delays.

What If My Financial Situation Changes?

If you experience a significant change in your financial situation, such as losing a job or receiving a substantial salary increase, it's crucial to seek modifications to your child support order sooner rather than later. To modify an order, the request must be submitted formally to the court along with evidence supporting the change in circumstances. Acting promptly can help prevent future liabilities or penalties for underpayment.

Can Child Support Orders Be Enforced if the Paying Parent Moves Out of State?

Yes, child support orders can be enforced even if the paying parent relocates out of state. Thanks to the Uniform Interstate Family Support Act (UIFSA), states work collaboratively to ensure child support payments are enforced across state lines. Engaging the services of an experienced lawyer can facilitate timely enforcement by effectively navigating cross-jurisdictional challenges.

What Role Does Income Withholding Play?

Income withholding is a powerful tool in securing consistent child support payments, automatically garnishing wages from the paying parent's paycheck, and reducing the risk of missed payments. Florida courts typically include income withholding orders as part of the original child support decree, providing an automatic enforcement mechanism that helps minimize disputes and ensures ongoing support.

Where Can I Find Help with Child Support Questions in Orlando?

In Orlando, parents seeking assistance with child support issues can access multiple resources, including the Florida Department of Revenue's Child Support Program and local legal aid organizations. These entities offer guidance on understanding rights and responsibilities, filing for support, and modifying existing orders. Working with an attorney enhances one’s ability to navigate these resources, ensuring your child’s best interests remain the focal point of any support arrangements.

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Recovering Unpaid Child Support in Orlando

If you are entitled to child support but have not received payments, know that you have options to enforce the court order. Unfortunately, some parents fail to meet their obligations for various reasons, creating significant financial strain for the parent raising the child.

However, you can request that a court enforce the child support order and collect any unpaid amounts. This process is known as “recovery” or “enforcement” of child support. 

Implementing these legal remedies often involves navigating a bureaucratic landscape that requires patience and persistence. Yet securing this support is vital not only for easing immediate financial pressures but for long-term stability and ensuring a consistent quality of life for your child.

If successful, courts may implement any of the following to secure missed payments:

  • Income Withholding – This allows the court to garnish the paying parent's wages directly from their paycheck.
  • License Suspension – The court can suspend the parent's driver's or professional licenses until payments are made.
  • Tax Refund Interception – Florida law permits intercepting state or federal tax refunds to cover unpaid support.
  • Criminal Penalties – Persistent non-payment may lead to fines or jail time, depending on the circumstances.
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Need Guidance in Your Child Support Case? 

As a client of Benjamin Law, your worries, hopes, and goals will be paramount. Our Orlando child support attorney and supporting staff put clients first in everything we do, and it is evident in the quality of services our firm provides. You do not have to take only our word for it. Visit our Reviews page for testimonials from past clients highlighting our team’s professionalism, responsiveness, and commitment to going above and beyond for the people under our care. 

Our deep understanding of Florida's family law landscape ensures that we provide reliable and timely advice while addressing any challenges you may face in your child support journey. Whether dealing with the initial setup, modifications, or enforcement of child support orders, our Orlando child support lawyer stands ready to guide you through each step of the process with dedication and care.

Request a free consultation today with our child support lawyer in Orlando. Call (321) 473-6679 or get in touch online. We proudly serve those throughout Orange, Osceola, Brevard, Lake, and Seminole counties and beyond.

Frequently Asked Questions

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  • What Happens if One Parent Does Not Pay Child Support?

    Non-payment can result in wage garnishment, license suspension, and even jail time. If you are dealing with issues related to obtaining child support payments, contact Benjamin Law for the representation you deserve.

  • Is It Possible to Modify Child Support Orders?

    Yes, you can seek a modification if some substantial change in circumstances has occurred. This includes anything from a job loss to unexpected changes in medical or educational expenses.

  • How Do Florida Courts Determine Child Support?

    The state's courts use a formula based on parents' incomes, the number of children, and contributions to childcare or medical expenses. The goal when awarding and determining child support is to make certain the child’s financial needs are met.

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